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Concerning the issue of whether we are a casual worker or a an employee there is many criteria to consider for example the time we work for the employer, our skills, whether he employs us only in case of shortage or during peak time or he uses us in the normal running of our business...etc. However I would like to know if the conclusive evidence is not when the P45 has been issued because if it has been issued one year after the start of employment this means that we are now an employee. It is up to the employer to decide if he need us anymore or nor and as a consequence if he send us our P45 or not. If the employer decides because it is not convenient for him not to issue a P45 at the end of each project we could be consider as an employee There is also the issue of HMRC and in order the employer not to pay tax maybe a worker has to work only for a small period of time and not come back for a long time There is also the issue of the difference between temporary employee and a casual worker
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Arrow/shoos claimform - old M+S Credit Card Debt
HSBCrusher posted a topic in Financial Legal Issues
Morning all. A rather heavy brown envelope arrived yesterday. Ive been ignoring the shoosmith letters (as to avoid "letter tennis") but they've gone for the cc. ex-M&S, over £7k. I'll get the details up in my next post. -
Name of the Claimant ? Lowell Portfolio 1 Ltd Date of issue – What is the claim for – 1.The Claimant's claim is for the amount of £800 being monies due from the Defendant to the Claimant, under a Store Cards, Credit Cards agreement regulated by the Consumer Credit Act 1974 between the Defendant and Vanquis Bank Plc under account reference xxxxxxx and assigned to the Claimant on 14/04/14 notice of which has been given to the Defendant. 2. The Defendant has failed to maintain the contractual payment under the terms of the agreement and a default notice has been served and not complied with. 3. The claim also includes the statutory interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (a daily rate of £0.16p from the date of assignment of the agreement to 14/04/14 being an amount of £60). What is the value of the claim? £950 Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? Credit card When did you enter into the original agreement before or after 2007? After Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Debt collector Were you aware the account had been assigned – did you receive a Notice of Assignment? The account was opened at a different address to mine. I lived at this address about 20 years ago but have moved twice since then. I received a debt collector letter in 2013 for this and I wrote and said they have the wrong person but I did not hear a thing until March this year when I got a County Court summons. Did you receive a Default Notice from the original creditor? No Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? No Why did you cease payments? I have never made any payments (neither has the person who opened this account) What was the date of your last payment? None Was there a dispute with the original creditor that remains unresolved? Yes, its not my account Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management? No Hi, I am looking for any advice that I can get. TIA. I have copied the bit from the sticky and put my information in and posted it below. I have filed the defence and done all that I can. The case will be in court in a couple of weeks time. I am not nervous about the court bit, I wanted to check to see if anyone has any advice as it is a fraudulent account. I have reported it to the police via action fraud website and told BW Legal about this, but they are not listening. I have proof that the address the account was started out is not mine etc but they are not responding to any of the points that I am making. The main question that I have is: the account was started by someone using my maiden name. The account was started in 2012. I got married in 2003. Should I tell BW Legal that they are using my name wrong? -
Name of the Claimant Lowell solicitors Date of issue 06/03/17 date to acknowledge) = 25/03/17 date to submit defence = 9/04/17 What is the claim for 1.Failed to maintain the require payments and default notice was served and no complied with. The agreement was later assigned to claimant on 25/092014 What is the value of the claim £822.27 original debt capital one(£640.99) Is the claim for - credit card When did you enter into the original agreement before or after 2007/ after 2007 05/09/2012 Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim.lowell Were you aware the account had been assigned – did you receive a Notice of Assignment? I received Notice of assignment 14 day befor court date 12/09/17.It's a reconstituted copy.its dated 10/10/14 not seen before Did you receive a Default Notice from the original creditor? yes on 12/09/17 14 days before court (although dated 08/09/13) not seen before Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year no but moved house twice Why did you cease payments? financial difficulties What was the date of your last payment? 11/06/13 Was there a dispute with the original creditor that remains unresolved? no Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management planicon? no I have done CPR 31.14 to both lowell and capital one sent 08/03/17 I have done section 77-79 to both capital one and lowell 08/03/17 CCA sent to me on 29/03/17 after a letter dated 20/03/17 from capital one that they couldn't help me as address they had on record did not match the address on my letter. Lowell wrote to me on 20/03/17 stating that they enclosed a copy of their client Lowell portfolio 1 ltd informing you of there intentions with regards to your account and to treat that as notice of assignment. Those letters were dated 11/02/17 I have a couple of questions 1) Notice of assignment The letter date 11/02/17 regarding treating that as NOA can they do that? as they have not put it with evidence for court. The NOa that they have submitted with court papers I have never seen before they say it was sent by regular post. It has my current address on it an address that capital One admitted they didnt have on record until March 2017 NOA IS dated 10/10/14. It is also signed by Micheal Woodburn who I believe left Capital one in February 2014. As I have said Lowell saying reconstituted copy. yet claim NOA sent in 2014 why can they not produce the original? I believe the reconstituted copy is in fact a template that Lowell just copy. It's not on headed paper, there no address on it regarding its from from capital one. 2) Lowell solicitor (paralegal) hasn't signed her witness statement she has printed name but no signature. (all other paperwork has been signed any advice i have 10 days before court -
I am so pleased but also worried sick to find this forum. Briefly, my son was driving my husband's car last year and a third party ran into the side of it resulting in it being written off. It was a classic automatic Mercedes (this may be important). As my son required to travel 50 miles each way to his work location and my husband works in a rural location we required a car asap. We were referrred to Auxilis by Admiral and despite feeling uneasy about it all we agreed to the contract. The following day we were contacted and told that they would deliver a premium automatic car the following day to our home address. I said an auto was not necessary nor a premium and as my son was not in a position to work at this time we agreed for a car to be delivered to our home the following day as we could use the only other car available to us for a day or so. I made a separate call to Admiral and asked very specific questions regarding the hire and cost of it and our liability. I even said that I realise it is very expensive and surely it would be better to get a cheaper hire ourselves. I was told that if we did that then we would be unlikely to get our money back and as it could go on for months before being settled we would be saddled with a big bill, probably thousands. That is exactly why Auxilis is recommended and people like us are referred to them I was told. The following day I phoned Auxilis to see what time to expect the car (as they even suggested that I could choose what type) and was told that the car was already on its way. A brand new 4 x 4 auto thing because our car was a 'premium' car so they provide a premium car as a replacement. This was not agreed to or suggested by me. Cutting this short - the car arrived, it took 6 weeks to get the pay out for the car and we waited to replace it until all was sorted, as we were told we could. The cost of the hire car for 6 weeks is around £7K to my horror. Obviously even though the accident was deemed completely no fault of my son's and the excess was covered in the claim and NCB is unaffected the other insurers are refusing to pay. The court date is set for end October and my husband has to attend (as the insurance is in his name). He is actually unable to attend as he has business travel at that time. I have a few concerns. The paperwork mentions wage slips, credit card details etc. Theoretically we could have put the cost on a credit card or paid from savings - I was told not to. How will this all play out in court? What will happen because he cannot attend, does that look like he is not cooperating, as he agreed he would? We were asked months ago to provide dates he could not attend for the next 6 months. This we did. That brought us to the beginning of September. No questions were asked about any period of time after that so he was not able to tell them that October would not be possible. I am really stressed over this. Any advice please? If we tell the truth in court as above I suspect we would be seen not to try and recover Auxilis' losses.
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Hi guys will start this " high level" but appreciate we may need to delve into the lower level detail too.. In April 2017 a case I was a defendant for was "struck" as an order placed by the judge upon the defendant was not complied with. Through the post last night I get a new county court for the same account, same claimant but different "solicitor" to send " payments/ documentation though to. Is this REALLY allowed? and if so in what cases? Just strikes me as odd Thanks -
Hey guys, was wondering if you could give me some advice on whether I've handled a used car situation, as after putting it off as much as possible, I've been given no other choice but to take a car dealer to court 8th December, me and my girlfriend traded in her Corsa for £400, for a Polo plus £500 cash (£900) total. The dealer checked her car, and had access to it for about 4-5 hours. I test drove one car, which broke down straight away, then test drove a similar but more expensive one, but only at 30mph up and down the local road. I refused the £50 Mot offered (Had 4 months left), as I have a very trustworthy garage that I wanted to take it to. As soon as money changed hands, the car cut out when I drove it out, to which the dealer said it was just because the car was parked on a slope and it's just the petrol and would be fine after putting some petrol in it. despite driving 15 mins back to my home, and putting in £10 petrol, the car kept cutting out, whenever going over speed bumps the car would make awful scraping sounds. when I took it to my garage they said there were two minor problems and an oil leak from the sump pan. They said the dealer illegally sold me the car, and that they would have to fix these problems straight away. Dealer argued the case, but eventually accepted that they needed fixing, and booked me into his local garage. 5 days later i took it to his garage, and when the work was done the mechanic denied that he was even told to look at the sump pan, and that he wouldn't look at that until the dealer gave the go ahead (he did fix the 2 minor problems again, contacted dealer, who reluctantly said he would book it in, to which was another 5 days away. When car was taken to garage, he kept it for a few days, and finally rang us to pick it up, but it was still cutting out while driving. due to it being Christmas, it took just under 2 weeks to get it checked by my garage (5th January) to which they said that it wasn't fixed, and that I need to take it back. Again contacted seller who arranged it for the 9th (a day after a month of having the car). On the day I was unwell and my girlfriend didnt feel safe driving the car, I text to cancel, but then the dealer started ignoring us. I tried ringing but no avail. i gave it a few days and then text him again to say that I wasn't happy with the car and would like a full refund. No response. spoke to citizens advice, who said send him a recorded letter. Which I did. But again no response, i text him saying if i dont hear back I will take it to court. Thats when he finally responded saying that it's my fault for buying a used car, and that he won't be giving me a refund and that I can take him to court but to let him know in advance. There's been a lot of back and forth between me and him, but the only thing he's willing to offer is £400 refund as he says the Corsa I traded in had a Head Gasket problem and it's cost him £480 to fix, even though I was not aware of this problem, and he had ample time to check and reject the trade in on the day. He's also listed the car without saying that he's fixed it, but is saying he's fixed pads and discs, which he never mentioned to me. I offered that he could have the Corsa for free, but the minimum I would've taken was my £500 cash back, to which he declined. Now I've applied for small claims court and am claiming over £1200 as I've had to keep the car insured and taxed to keep it on the road as I have no where else to store it I was debating whether to claim for traveling costs, as the car was bought to travel to football matches but I've had to get multiple coaches and trains on the day Do I have a good chance of winning?
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Hello, could someone please offer some advice. I received a ccj claim from the ncbc for a claim from Restons solicitors on behalf of their client capquest. I do not recall the debt what so ever. allegedly a catalogue. so i acknowledged the claim in order to give me time to file a defense. I sent restons a request for documents that they mentioned in the particualrs of the claim under cpr 31.14. first one got lost so sent another, they received this on 18/07/17 I asked that the request was carried out within 7 days. this has now passed also sent a cca request to capquest, to date still nothing received. as they haven't replied to my request where do I stand filing a defense when when i cant even see the documents they intend to rely on, its absurd in my opinion. obviously the clock is ticking as i filed the acknowledgement on 11/07/17. as im new to this any advice would be appreciated -
Hi , nasty taste left in mouth by Samsung. Whilst cooking, i used my S8 as a timer, as per normal. multiple timers set, and running. turned round to check time, and the screen was flashing like mad. A crack was developing before my eyes. A phone call to Samsung sent me to their Romford "customer care" centre where i was told i had dropped it The phone is not yet 2 months old. I was told that screen damage invalidated the warrantee, and also refused a second opinion, as 3 "engineers" had already looked at it. cost of repair is approx £350, after 1.5 months use am i right in thinking that it had a fault inherrent since manufacture, and that should be the route i take? The phone was bought via carphone warehouse, on an EE contract. EE contract appears to state the the phone is owned for the first 6 months by the company i purchased it from, so should it be carphone warehouse i approach with this issue? leaves a really nasty taste in my mouth, i suspect it is CPW that i need to go for, but they have been phenomenal to me over the past 12 years- would be much better if i was able to go directly to Samsung At time of purchase with CPW i also bought a "gear4" protective casing for the phone, and it has lived in it ever since. It was not a cheap case either Please help Kind regards iain -
Long story short, without going into details.... though happy to if needed... I submitted a defence to a claim against me by a plumber (though the debt collection agency did it on their behalf) in small claims court. The claimant had to respond to my defence by a certain deadline, which they didn't, so a 'stay' has been put on the case. As it was explained to me this means the claimant has to apply to a judge to resume the case. When I spoke to the court they said an application could be put forward any time in the future, so there is no time limit. So I have a few questions I wonder if anybody could help me with... 1) Is that the case that there is no time limit for an application? I've been waiting to get some works complete until this is sorted but if they can put an application in any time this could never be concluded! 2) Do judges often agree to applications to resume the claim? Or must there be extraordinary circumstances? 3) The company seems to have stopped trading under their current name (removed their online listings). If the claimant company change their trading name, or close the business and reopen under another name in the future, can they still pursue this claim? Thanks so much for any help you can give. -
https://www.theguardian.com/business/2017/jun/20/sfo-charges-barclays-bank-executives-ceo-2008-qatar-fundraising I reckon they will get off with a slap on the wrist and a fine.. this after the SFO will have spent £thousands if not £millions of tax payers money trying to make a case against them. -
Hi, Last year in May I badly hurt my ankle. It was massively swollen and bruised (I can upload a picture if required). I had damaged my right ligaments in the past and had gone to the hospital and been told just to rest it for a few days. With this in mind, I did not go to hospital for 4 days assuming it was just ligament damage. However, after 4 days the pain was much greater than previous + was much more swollen and bruised. I decided I would go to hospital. Note, I was able to limp on it, but not put much weight at all on it. I went to Accident and Emergency and because it had been 4 days, I was subjected to 'Triage' and a Nurse gave me a lookover. I told her I believed I had fractured it as well as ligament damage. She claimed because I could put some weight on it, it was very unlikely to be a fracture and decided that I did not need an X-Ray. She advised me to go home and rest it. Over the next few months my ankle was in agony daily, I struggled to put proper weight on it for about 4 months and could not do any sport for 7 months. Even after this, I could not properly participate in sports and stopped after a few weeks. I still had pain in the ankle (even when lying still and sleeping, it would be sore after walking for 5 minutes etc) After 11 months of pain, I decided to go private to get the issue fixed. I was given a procedure to repair the ligaments and during this procedure, there was 5mm of bone snapped off in my ankle (the fracture I had suspected). Now, if I had been given the X-Ray when I went to A&E this fracture would have been spotted and I could have received the correct treatment at the time and would not have had to have a year of agony and being unable to enjoy sports. Does anyone think that I have a case? This is my ankle at the time I went to hospital I'm not sure the photo has worked, I do not have enough posts to post a link to it either. Hopefully this has attached now Ankle.pdf
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Hello, I've a similar story where my car got rear ended. I've decided to use Sytner (Mercedes dealer) Insurance to claim for me in order to repair the car in the official dealership. Sytner then uses Auxillis and everything was taken care properly but after 1/2 months I've received the contact from Principia Law where they will act for me to recover the HIRE CAR loses. I'm concerned about the terms and conditions where it's mentioned the costs (success costs + police report etc) that I've to pay that I was not aware! I was not aware of the need for an external company and hidden fees, can someone explain a bit more how this works ? Thanks in advance -
Hi hoping someone can help/advise, I received a CCJ for the amount of £2802.71 for a credit card. England based. I can't pay this and on the form it does not tell me how I can pay this off in instalments. I have lots of debt which I am dealing with but this one slipped through, my fault totally. Any advice on how I should proceed would be much appreciated. Many thanks. -
I think this is the right place for this. Please move if not. http://www.independent.co.uk/news/education/education-news/pay-deductions-teachers-supreme-court-ruling-strike-precedent-a7753991.html
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Council refuses to pay gran after breaking her windscreen http://dailym.ai/2qomwbu A council lawnmower propelled a stone into a car owners back windscreen smashing it. The car owner issued a court claim and the council are defending it next week, saying their employee was not negligent. You can understand why the council are defending the claim, as a lawnmower operator in this situation would not be negligent, if they were operating the lawnmower in accordance with its operating manual. It is not possible to check every little bit of grass to see whether there might be a stone.
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Firstly, I need to say that I live in Scotland, in case this makes any difference to the law involved. I own a flat in a tenement building that I rent out. Common charges are dealt with by a factor who then bills the owners. My bills are sent to my home address for my attention, so it is clear that the factors are aware that I don't live in the premises & have my home address. Some time ago, the factors got in touch with all owners to advise that major work was required on the building & each owner would have to pay around £3900 in advance to have this done. I paid my share as requested. Several months after this, they advised that the work was going ahead, and scaffolding was erected. The contractor then contacted me to advise that they required access to my flat, and the work would entail the complete removal of the bay window at the front, which would then be rebuilt. My tenant, who had one month still to run on her lease, understandably moved out. Three months later, I received a bill from the factor & sent them an email advising that as I was not now receiving rent for this flat & had paid nearly £4000 up front for this work, I was not in a position to pay the bill. I then received a council tax demand. I informed the council that owing to the work being carried out, the flat was uninhabitable, and they asked for proof. I emailed the factor asking for this & they ignored my email, resulting in the council sending debt collectors to my door. Eventually I sent a letter to both detailing the situation with copies of my correspondence etc. the factor finally sent a letter, not to myself but to my mother-in-law's address (she also has a property in this building but hers was not affected by the work), confirming that the work had been completed in September 2016. The council tax bill was duly amended, however there remains a bill to be paid from Sept 2016 to March 2017, and also the factor is now asking for payment of their bill. A total of around £1100 for both. My question is, as the factor knew I was not living in the premises, do I have a case for negligence? I asked several times for information on how the work was progressing & when it would be finished (I have emails as proof) and was only advised eventually in January 2017 that it had been completed in September (although, actually it was not complete even when they advised that it was as although the exterior work had been done, there were no windowsills in my flat and plastering work had still to be done, which I got done myself). Do I have a case to take them to the small claims court for the council tax & their own factoring charges for this period? -
I'm glad to see someone else has mentioned this on here, though not as glad as I might have been a few months ago to have seen it –*I'm in a near situation , albeit via Hastings. Passed onto Albany when, after being hit by a third party with the amount of damage virtually guaranteeing the car, an 2002 Ford would be a write off, I asked Hastings about a courtesy car –*Albany were too happy to help and said I needed to check a few documents online and once signed they'd be able to send a car, albeit a hire car, though they were at pains to point out that it wouldn't cost me anything and that anything about fees on the documentation I should avoid as it wouldn't apply. that done i was passed onto Helphire who arranged for a 2015 Vectra to be delivered. Only kept the car two weeks as I bought a new car then and cancelled the hire car which was then picked up. Seemed like the end of the matter. However after Albany saying in October they were submitting the costs, just over £950, to the third party insurers, the third party insurance have refused to pay so Albany then instructed Principia to act and get the money back and have issued a county court claim, with myself named as claimant and third party as defendant. They sent a questionnaire about the accident and whether there are other cars I could have used or if I have credit cards before sending out the county court form. As with the OP I have an insurance policy which indemnifies me against the third party not paying up (including, presumably, losing the case in Court), but that does rely on me cooperating with Albany in recovery of the costs. Stressed doesn't begin to cover it, it's one of those "had I known then" situations really.... -
hello, not long ago I thought I'd get myself a second job and thought doing pizza delivery wasn't such a bad idea seen as I'd be getting free pizza's every night (sad i know) So I went and got my CBT, purchased a bike got it taxed and bought courier insurance to go along with it and away I went. A few weeks back I was involved in a head on collision with a van, it decided to cut in front of me from the opposite lane to turn into a side street with no indication as I was doing about 30mph thus I ended up smashing into his bonnet at full speed and straight onto the ground knocking me out for a bit. I woke up in hospital hours later. Later that day the police arrived and oddly enough kept asking me about insurance. I said I had insurance but they told me that I didn't. I told them that is impossible as the payment was made in full etc and I never canceled my insurance. They came back to me shortly after speaking to the insurance firm and they told me that the insurance company canceled my insurance because I apparently failed to provide them my CBT. I contested and showed that I have a CBT etc, but the police where not interested and slapped me with the offense of driving without insurance, then they nicked the keys and took the bike away to a pound. After I got out of hospital I got on the phone to the insurance company, and they told me it states in their T&C that they have the right to cancel my insurance randomly at any point in the event that I fail to provide a copy of my CBT. They never sent me any letters, nor did they telephone or text me and I certainly have no emails from them asking me for a copy of my CBT. Do I have any hope in fighting the insurance company in court for the outright idiocy for not even having the courtesy to call the customer to tell them the insurance has been canceled and to stop riding the bike? They never even sent me a cancellation email, NOTHING! Any letters they may have sent would have been clogged up in the Christmas break, which is when they apparently canceled the insurance. (btw, still have not received any letters.) I am sure I now have a criminal record because of this, thus, ruining any future jobs in which a criminal background check is asked, which is almost everything these days. I was about to apply for a bus driving job and it specifically said, regardless of the offense, if you have a criminal record, you application will be automatically rejected. I am mortified right now. Any advice is appreciated at this point, thanks! MCE Insurance - https://www.mceinsurance.com/ -
Hi all, I started this thread following a post on Ginger's thread located in this forum (unable to post links yet). I have the same situation: 1) I sent a standard letter asking for the basis of the invoice and offering to go through POPLA as court is unnecessary. 2) Got an "appeal rejected" letter despite not actually appealing, rather just requesting information and offering to resolve the matter. 3) Got further letters from ES Parking and then one from Gladstone. I didn't bother wasting my money on postage sending a reply as I saw from every other person that they just ignore it anyway. I have a couple of weeks to submit my defence. I'm expecting to win, naturally as these guys are nothing more than low life cowboys. Any advice on what my defence should consist of? I was thinking of the following main points: 1) The driver was not identified and ES Parking refused to help in identifying the driver despite my request for information. I am only the registered keeper of the vehicle so why should I be liable? 2) The fee is not a genuine pre-estimate of loss (I have previously won a case through POPLA on that grounds) 3) I offered the claimant the option to resolve this through POPLA to avoid court and my offer was simply ignored. 4) My original letter (sent by recorded delivery) requesting information on the basis of the invoice was simply ignored with subsequent letters making unfounded demands for money 5) The invoice itself is baseless as ES Parking are just contractors, they don't own the land. That's the crux of it, is there anybody willing to help me in terms of adding extra points and the wording which will go into the defence? I'm also looking to make a claim for loss of earnings due to attending the court case should they go ahead with it - any help with that would be much appreciated. Many thanks all -
Hi guys, Following my recent situation, I've been reading your very informative forum, and thought I would ask for your help. In November 2016, I attempted to cancel my membership at Xercise4Less Glasgow online . Having worked in a bank, the first thing I did was cancel my direct debit to stop any further funds coming out. Although I'd completed the form, I now, in hindsight, realise my system must have crashed before it went through completely - and I take full responsibilty for this! I had also moved address, so did not recieve any correspondence from either the gym or Harlands. Fast forward to Wednesday 1st February: I recieve a text from Xercise4Less stating: 'Dear Member, Harlands have advised they will be sending your account to a third party debt collectors in 14 days. To settle with us please call 01132038602'. I rang straight away, explained the situation, and the Xercise4Less worker informed me that he would waive the fees and I had to make a 1 off payment of £64 to resolve the matter. We agreed that I would pay the amount this Friday - 10th - and that was that. Fast forward again to February 6th - I recieve a panicked phonecall from my mum, telling me a debt collection letter (dated Feb 2nd) arrived for me. Bear in mind this went to me home address in Northern Ireland - I don't know how they got those details. This letter was from CRS, and detailed that 'Our fees of £102.50 have been added. Therefore your account balance now stands at £162.49'. I rang Xercise4Less straight away to question why I had recieved this letter, when I had agreed upon a settlement with the gym already. The employee assured me that the payment on Friday (tomorrow) would end the matter and to ignore any further correspondence from CRS. Finally, today Thurs 9th, I recieved a text message from CRS saying they want to speak to me. Having read these forums, I have no intention whatsoever to respond to CRS/Harlands at all. Fingers crossed the matter is settled tomorrow, but I still have a very uneasy feeling about the entire scenario. Any tips or pointers will be greatly appreciated!!
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I am a defendant in a fast track case. I have the other parties documents I requested copies of from their disclosure by list. There are other docs I know of the existence of and want the other party to disclose them as I think they have left them out because they will hurt their case. I have written to them requesting these be disclosed but have not heard back or received supplemental disclosure of these docs. I don't expect to hear back as they refuse to communicate with me regarding this litigation. I am planning to apply for a Specific Disclosure order and cannot find much guidance online on how to go about this. I want them to disclose specific documents, rather than to do an additional search as I think these should have been found and disclosed within the search they already carried out. There are 11 docs in total I want them to disclose. Some of the docs are mentioned by them in emails they disclosed, some are police records they can get through a subject access request, they have disclosed the Crime Ref numbers of these incidents and referred to them in letters they disclosed. My questions are: 1. What do I put in the draft order? 2. What do I put in my supporting evidence/information to support the application? 3. How do I refer to the places that bought these documents existence to light? Many thanks -
Hey everyone, not sure if this is the correct place to post but will give it a try. My Mum and Dad run a family business that I also work at, in September we were working in Blackpool for a couple of days. A few weeks later we received a speeding fine through the post from Cardiff central ticket office. No photo was attached just the notice form. My Mum replied saying yes that was our van reg ect but we wanted to see the photo just to make sure it was us and to identify who as driving at the time (me or my farther) We received a reply saying we must provide details of the two possible drivers but still no photo. My Mum replied with the details of the drivers but stated again without a photo we could not confirm who was driving. Then we received a letter saying we had failed to provide details of the driver and the matter may go to court. My Mum sent a message again saying who the two possible drivers were and to send the photo and we can easily confirm the driver. We heard nothing more until a court notice come through in December with the photo attached. Rang the central ticket office tried to explain what had gone on , but said we should just fill out the court form the court has to deal with it. She said just to put what has happened on the sheet and they will see its a mistake and will return to the ticket office. Now my Mum hasn't kept any of the correspondence with the ticket office as she didn't believe she has done anything wrong, we received a letter from the courts at Cardiff saying we must attend a hearing there on February. Now my questions are Do we have to travel to Cardiff just for the hearing or can we have it changed to our local court. Any one got any ideas how we can defend this as they genuinely didn't send a photo until we received the court papers I sent a sar from the library to the central ticket office to just get the info they hold on my Dad hoping for copies of the letters my Mum sent, they have refused saying we need to prove identification but my dad did sign the form Thanks in advance for any help Jay -
1. Bought audi on balloon CCA agreement It ended Feb 2012 Requested vehicle to be collected They ignored request and then from then until now all default notices incorrect All their paperwork shoddy 2. Kept vehicle in storage for first 8 months Actually bought a lease Audi thinking they would collect. 3. They wrote to me Jan 2013 saying they wouldn't pay storage charges Had to remove and asked garage where it had been kept to leave their awaiting audis collection 4. Wrote to audi numerorus times They failed to collect. 5. Had a court date booked 19th oct which I was happy to attend Their sols cut a very late deal with my sols Tuesday 18th Oct I told sols I wasn't happy that t's would net be crossed and i's dotted they weren't. 6 My sols agreed that I would deliver up vehicle Had told her it hadn't been used for 4 years and would be unusable due to the amount of time lapsed 7 Audi collects keys for vehicle and sign off log book 24th oct They go to collect at address given some 27 hours later Audi not there Have reported to police but my solicitor says I am still now liable and in breach of agreement Feel like my solicitor just wants to get rid of all case and me pay for everything ! because its been totally messed up I had a really good case prior to this rushed agreement Can anyone help my solicitor doesn't want to! -
I am divorced from my husband who is living with his new girlfriend. I am the carer of our two children. When we got divorced the agreement was that he pays £300.- per month and has the kids for two nights per week. He at some point shortened it to £200.- and told me that's all I am getting. Financially I could cope with this reduction and left it at that to avoid any hassle with him. He then paid £200.- on the first of every month but started to have the kids less than 2 nights a week, he would have them willy nilly when it suited him. I asked him to stick to the agreement or pay more maintenance. He declined to do either and told me to sue him if I wanted anything. I decided to start a case with the CMS and paid £20.- for the privilege. They assessed his income and his personal circumstances and decided he should pay around £90.- more per month, based on him having the kids for at least 52 night per year. he has been told to pay me £289.- on the first of every month, but starting on the first of December, not the first of November. I am now a bit concerned that he won't pay anything on the 1st of November, which would leave me short that month. His last payment was on the first of October. going by the CMS he doesn't have to pay anything for eight weeks. If he fails to make a payment on the first of November and says the that's in accordance with the CMS, can i still pursue the missing payment for November through other channels, i.e. Small Claims court or would that be a waste of time ? Strictly speaking he has underpaid for a while and now he gets a free month on top of it ?
